FT.com
By Mark Turner at the United Nations
Published: June 13 2003 5:00 | Last Updated: June 13 2003 5:00

Defying US pressure, France, Germany and Syria yesterday abstained from voting
on a Security Council resolution exempting American and other UN peacekeepers
from prosecution by the International Criminal Court, placing new strains on
efforts to restore unity after the Iraq con-flict.

But despite deep concerns expressed by Kofi Annan, the UN secretary-general,
and many other countries during an open debate, the measure was adopted with
12 votes in favour and none against.

The vote extends for 12 months the controversial exemption, first agreed last
year after the US threatened to veto peacekeeping missions.

But human rights activists said the abstentions, a "polite no" according
to one diplomat, undermined last year's consensus and set a new trend of opposition.

Those in favour included the UK, Spain and Bulgaria, which have ratified the
court's statute, although Sir Jeremy Greenstock, the British ambassador, stressed
that the exemption was an exceptional measure and not subject to automatic renewal.

Spain also said that regular renewal should not be taken for granted.

In asurprisingly sharp statement, Mr Annan said the resolution was unnecessary,
and argued that Article 16 of the international court's statute, which allows
the Security Council to halt an investigation or prosecution, "was not
intended to cover such a sweeping request".

Were the rollover to become routine, he added, "I fear the world would
interpret it as meaning this Council wished to claim absolute and permanent
immunity for people serving in the operations it authorises. [That] would undermine
not only the authority of the ICC but also the authority of this Council, and
the legitimacy of United Nations peacekeeping."

James Cunningham, deputy US ambassador, insisted the move did not "elevate
an entire category of people above the law: the ICC is not the law".

But Michel Duclos, deputy French ambassador, said renewal risked bestowing
an air of permanence to the exemption, "which cannot but weaken the court
and damage its authority".

Germany's Gunter Pleuger said the court was not an impediment to peacekeeping,
but a safeguard.